Pursuant to Section 504 of the Right-to-Know Law (RTKL), 65 P.S. § 67.101 et seq. and in compliance with the policies set forth in Management Directive 205.36, Right-to-Know Law Compliance (PDF), the Commonwealth of Pennsylvania, Office of the Budget (OB) sets forth the following policies, process, and procedures regarding responses by OB to RTKL requests.
This policy applies only to OB. Any other Commonwealth Agency or office within the Governor’s Executive Offices may have its own separate RTKL Policy.
To facilitate access to documents of public interest and reduce the need for RTKL
requests, some documents are already available to the public electronically on OB’s website under Publications and Reports. The Commonwealth of Pennsylvania,Department of General Services (DGS) publishes many solicitations, awards, and
contracts on its eMarketplace website. Pursuant to Chapter 17 of the RTKL, 65 P.S. §§ 67.1701-1702, Commonwealth contracts of $5,000.00 or more are available at the Pennsylvania Treasury. OB may also make other public records available on its website as it deems appropriate.
I. RTKL REQUESTS
A. A written request to OB under the RTKL must meet all the following requirements:
1. Be addressed to the OB Agency Open Records Officer (AORO) at:
Barry J. Williams
Agency Open Records Officer
Office of the Budget
Commonwealth of Pennsylvania
Forum Place – 9th Floor
555 Walnut Street
Harrisburg, PA 17101
Telephone: 717-787-6496
Fax: 717-787-3376
Email: OBRightToKnow@pa.gov
2. Identify a name and address to which OB should address its response.
3. State that the request is being made pursuant to the RTKL.
4. Be submitted to the AORO in-person, by U.S. mail, by email, or by fax as directed above.
5. Be sufficiently specific to enable OB to ascertain which records are being requested.
6. Be from a person that is a legal resident of the United States.
B. While OB may fulfill verbal RTKL requests, the requester cannot pursue the relief and remedies provided under
the RTKL unless the request is made in writing.
D. The regular business hours of OB’s RTKL Office are Monday through Friday, 8:30 a.m. to 5:00 p.m. local time
in Harrisburg, Pennsylvania, except for those days on which OB is closed due to a state holiday or at the direction
of the Governor. Any RTKL request received by OB’s RTKL Office after the close of regular business hours
shall be deemed to have been received by that office on the next day that OB is open for regular business.
E. RTKL requests received by OB are considered “public records,” and OB may post the RTKL requests it receives
II. RESPONSES
The RTKL requires OB to respond to an RTKL request within 5 business days. In determining the 5 business day period,
the day that the RTKL request is received is not counted. Accordingly, the 5 business day response period begins the
business day after the request was received.
The AORO may respond to the request by granting access to the record sought; seeking additional time or fees
through an Interim Response; or preparing a written Final Response granting, denying, or granting in part and
denying in part the request. Each of these options is a “response” for purposes of the RTKL. The AORO may send
written responses to requesters by United States mail, in person, delivery service, fax, or email.
OB must provide a Final Response to a RTKL request within 5 business days unless are satisfied and the
AORO gives the requester and Interim Response of written notice that additional time will be required.
The AORO may send an interim response if any of the following apply:
1. The RTKL request requires redaction of a public record.
2. The RTKL request requires retrieval of a record from a remote location.
3. A response within the 5-business-day period cannot be accomplished due to bona fide staffing
limitations, which must be specified in the interim response.
4. Legal review is necessary to determine whether the record requested is subject to access under the Act.
5. The requester has not complied with OB’s policies regarding access to public records.
6. The requester has not complied with a demand by the AORO for prepayment of fees, which are required
to fulfill the RTKL request and which are estimated to exceed $100. If prepayment of fees is required by the
AORO, the time period for response shall be tolled from the time the demand for payment is made until
such time as payment is actually received.
7. The extent or nature of the request precludes a response within the required time period.
An interim response must meet all the following requirements:
1. Be sent to the requester on or before the last day of the 5 business day period.
2. Explain that the request is being reviewed and the reason for the review.
3. Provide an estimate of applicable fees owed when the record becomes available.
4. Give a reasonable date that a response is expected to be provided that is not more than 30 calendar days
from the end of the 5 business day period.
If the date of an expected response is in excess of 30 calendar days following the 5 business days allowed for in
Section 901, the request will be deemed denied unless the requester has agreed in writing to the date specified
in the notice.
If OB determines that estimated fees for responding to the request exceed $100, OB will send an interim
response demanding prepayment of those estimated fees. Until the estimated fees are received the time period
for the final response is tolled. Failure to make the estimated prepayment by the date required by OB in its
interim response will result in the request being deemed withdrawn. OB will issue a final response once
prepayment is received.
B. Final Responses.
There are three possible final responses: (1) the request is granted; (2) the request is denied; or (3) the request is
granted in part and denied in part. The failure to make a timely response is deemed to be a denial.
If a written request is denied in whole or in part, OB will issue a final written response that will include an
explanation of the procedure for the requester to appeal, if the requester chooses to do so. The written denial
will also set forth the specific reasons for the denial, including a citation of supporting legal authority. If the
denial is the result of a determination that that the record requested is exempt from disclosure, the specific
reasons for OB’s determination shall be included.
Non-production of records due to the fact that a good faith search by OB does not produce any responsive
records is not a denial of access.
C. Redaction
OB will not deny access to a record based upon the fact that portions of the record are not public records and, as
a result, not subject to disclosure. Instead, OB will redact the portions that are not public records and produce
the portions that are public records.
D. Access
The AORO may grant access to a requested record by (1) providing the requester an opportunity to access the
record at OB’s offices, (2) sending a copy of the record to the requester, or (3) notifying the requester that the
record is available through publicly accessible electronic means. If the requester writes to OB within 30 days that
the requester is unable or unwilling to access the information electronically, then OB shall provide the record in
paper format, after requester has paid all applicable RTKL fees.
Under the RTKL, all persons or entities must pay all applicable RTKL fees before receiving access of any kind to
records pursuant to the RTKL. 65 P.S. § 67.901. OB will not provide any requester with access to any public record
until OB has first received payment from the requester in United States currency of all applicable RTKL fees due
in connection with the RTKL request. Acceptable forms of payment for RTKL fees are a money order, a certified
check, a cashier’s check, or a personal or business check. OB will not accept cash, cryptocurrency, or any other
alternative payment method for payment of RTKL fees.
If payment is made by a personal or business check, OB will only consider the payment to have been received
once the check clears the requester’s account, and the requester’s funds have been deposited in the
Commonwealth’s account.
Upon receipt of the requester’s payment, OB will deliver the requested record to the requester via the United
States Mail, or the requester may choose to pick up the requested records in OB’s offices during regular office
hours.
OB has the discretion to determine the building(s) and room(s) that will be used to provide a requester with
access to OB’s public records. The selection of buildings and rooms for access to OB’s public records is a matter
within the discretion of the AORO.
OB will provide a public record to a requester in the medium requested if the record exists in that medium.
Otherwise, the public record must be provided in the medium in which it exists. If a public record only exists in
one medium, OB is not required to convert that public record to another medium, except that if the public
record is only available in an electronic form, OB must print it out on paper if the requester so requests.
OB is not required to create a public record that does not already exist. OB is not required to compile, maintain,
format, or organize a public record in a manner in which OB does not currently do so.
E. Duplication of Public Records.
OB may either make copies of the requested records itself or, in its discretion, allow the requester to bring the
necessary equipment to make its own copies of the requested records. OB, in its discretion, may: make its
duplication equipment available to a requester, and may either require that the requester operate the
equipment, or may assign OB staff to make the duplications; or contract for duplication services and require the
requester to pay the applicable rate.
III. FEES
Applicable fees to be charged by OB under the RTKL are as follows.
A. Fees Determined by the Office of Open Records
Under the RTKL, the Office of Open Records has the authority to establish two fees for Commonwealth agencies:
Duplication, 65 P.S. § 67.1307(b); and Enhanced Electronic Access (an agency may establish user fees, subject to
approval by OOR), 65 P.S. § 67.1307(e).
The fees for duplication are established by OOR, as posted on its website at openrecords.pa.gov. Unless otherwise
directed by statute, OB will charge $0.25 per page for duplication, although on-site duplication may be at a
reduced rate of $0.15, at the sole discretion of OB. OB does not have any records available via enhanced electronic
access.
Pursuant to this RTKL policy, OB may waive duplication fees for 20 pages or less. Duplication charges are to be
paid for any duplication of 21 or more pages.
B. Specialized Fees